Vol. 535 No. 3
7 Mr. U. Burke asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she proposes to take on the recent survey finding that 10% of women employees had experienced bullying in the workplace during the past six months; and if she will make a statement on the matter. [12414/01]
The report of the task force on the prevention of workplace bullying, which I recently launched, is a comprehensive examination of the issue of workplace bullying. The task force had three basic terms of reference: to identify the size of the problem and the sectors most at risk; to develop practical programmes and strategies to prevent workplace bullying; and to produce a co-ordinated response from the State agencies.
As part of its work the task force commissioned an independent national survey on workplace bullying, which was carried out by the ESRI. The survey and its findings represent a significant component of the task force report, capturing as it does a full picture of the incidence and characteristics of workplace bullying in Ireland.
The findings of this survey, including the finding that 9.5% of females currently in the workforce record themselves as having been bullied in the six months preceding the survey and that the incidence rate among females is 1.8 times that among men, will enable the State and individual enterprises and employers to undertake appropriate and targeted actions.
The task force has made a number of wide-ranging recommendations. The principal recommendations relating to action at State level include the designation of the HSA as the central co-ordinating State agency for matters concerning the prevention of workplace bullying, the introduction of codes of practice on workplace bullying and harassment under the Safety, Health and Welfare at Work Act, the Industrial Relations Act, and the Employment Equality Act and the establishment of an advisory committee. The purpose of the codes of practice will be to provide guidance on putting in place policies and pro cedures at the level of individual enterprises and as a basis and a reference point for the relevant State agencies.
The advisory committee will have a key role in co-ordinating and overseeing the implementation of the recommendations relating to the State's role in responding to workplace bullying, including the promotion of the three codes of practice. The proposed membership of the advisory committee will include representation from the main State agencies and bodies currently dealing with workplace equality, welfare and labour relations issues, in addition to IBEC and ICTU.
The board of the Health and Safety Authority has adopted the task force report and its recommendations. I have asked all parties to the recommendations to advance their implementation as soon as possible. In particular, I have written to my colleague, the Minister for Justice, Equality and Law Reform, the chief executive of the Labour Relations Commission and the chairman of the Health and Safety Authority asking that the codes of practice, which are to be developed under their areas of responsibility, be completed as a matter of urgency. I have indicated I would like the codes finalised within three months.
I ask individual employers and enterprises to take on board the recommendations in the report and, in particular, the dignity at work charter recommended by the task force.
Additional InformationI welcome this report and its conclusions and recommendations. I am confident the implementation of the recommendations will have a positive impact in addressing the issue of workplace bullying in the long-term.
I thank the Minister of State for his reply. While the ESRI report produced fairly disturbing results, the situation is in effect far more serious than that outlined in the report. I remind the Minister of State of a further survey undertaken by the anti-bullying research unit in Trinity College which showed that up to 40% of those surveyed experienced bullying in the workplace. This is a most serious and disturbing matter that requires the urgent attention of his Department. Why is he ruling out specific anti-bullying legislation?
I agree it is more than likely the problem is much more serious than what has emerged from the ESRI report. That appears to be the case from reports I have heard, from some of the harrowing experiences expressed to me by individuals in the workplace and from the fact that many people do not report incidents of workplace bullying. I am very much aware of Dr. Mona O'Moore's work.
The task force has not recommended the introduction of legislation, but it has recommended the introduction of three codes of practice. Codes of practice in modern industrial relations are admissible in evidence and breaches of them have been taken into consideration in relevant proceedings and such codes of practice have a quasi-legal status. The recommendation to introduce those codes of practice is an important step along the way. I said at the launch of this task force that I would not rule out the introduction of legislation on this area in the future. This is an important task force report. It is important we implement it as soon as possible. Having initiated this debate on workplace bullying, I am determined to see it through.
Has the Minister of State been furnished with figures on bullying in the workplace through cases that have come to the attention of the Labour Relations Commission or the Labour Court, or is he of the opinion that in so far as they relate to the private sector such cases do not get as far as the Labour Relations Commission or any mediation machinery?
While acknowledging what the Minister of State said, reports and surveys are of little use without concrete action. If I was an employee in a company with a difficulty and I regarded myself as a victim of harassment or bullying, to whom would I make a complaint? What role has the Health and Safety Authority in prosecuting such complaint and dealing with matter to the satisfaction of the victim?
The main figures available are from some of the research done by Dr. Mona O'Moore of the anti-bullying centre and from this report. With regard to the LRC and other such institutions, one of the dilemmas is to whom does an employee approach to make a complaint? We are aware of high profile cases brought to the Employment Appeals Tribunal that were employment related or were brought following a dismissal. This is one of the issues we need to deal with. I do not have precise figures on the LRC side. The task force has managed to bring all this together.
To answer Deputy Flanagan's question, the co-ordinating agency is the Health and Safety Authority. As Minister of State with responsibility for labour, I have endeavoured to widen the scope of the Health and Safety Authority beyond the physical environmental to include the broader psychological and psychosocial environment. If a person has a problem in the workplace, I recommend he or she brings it to the level of the Health and Safety Authority. It will inspect matters in some cases and check if there is a safety statement and an anti-bullying policy in place. The dignity at work charter is a tremendous example of what every employment and enterprise should immediately put in place. It is a matter of common sense to respect people in the workplace. There is much good work on this area, but it is the responsibility of employers and unions to work on this area and to implement the recommendations of this report. I will keep the House informed of developments.
